Abstract This article lays a theoretical foundation the perspective of international law for applying the principle of proportionality of cause in modern just war theory. It proposes an analytical framework for measuring proportionality based on general tort law, filtered through the international law of state responsibility. It proposes assessing the use of force as a proportionate (or disproportionate) remediation for an injury (present or future) caused by another state that is in breach of its legal obligations. The article then applies (...) this approach to the problems of anticipatory self-defense and humanitarian intervention. (shrink)

Abstract The article criticizes the trend of reformulating the traditional just-war criterion of Proper Authority, which was designed to de-legitimize force by non-state actors, into a requirement that decisions to resort to force be multilateral. The article illustrates several shortcomings of the judgment processes of the UN Security Council and General Assembly, the World Court, and states? populations, and argues among other things that reformulating Proper Authority would render other criteria meaningless, especially Just Cause. Finally, the article rebuts the strongest (...) objection to a system in which states judge their own causes for war: the problem of invincible ignorance. (shrink)

Interdisciplinary communication on war is impeded by doctrinal gaps concerning its morality, immorality, and amorality. Much is written on ad bellum ethical standards for military force by states, mainly in the fields of international politics and religious studies. However, a necessary first step in comparing these different approaches to war ethics with each other is to develop a system for classifying them. The classification system offered in this paper places war ethics on a grid with two scales. One axis of (...) the grid ranges from permissiveness to restrictiveness. The other axis ranges from regard for self to regard for others. Twelve forms of war ethics are assigned points within the grid, including pacifism, just war, holy war, UN Charter obligations, several variants of realism, cost–benefit analysis, isolationism, and various ideological war ethics such as communist and fascist approaches. In doing so, this paper lays the groundwork for “quantifying” war ethics, to enable measurements of their effects against other state-level characteristics and outcomes of interaction. (shrink)

Abstract This introductory article argues that world public order continues to be challenged by the emergence of the doctrines of anticipatory self-defense and humanitarian intervention. These challenges may be better understood, and reconciled, by application of the just war tradition.